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HomeMy WebLinkAbout5029 168 South St Decision RecordedBk 35903 Pg137 #29201 07-24-2023 @ 10:10a FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION June 23, 2023 5029 June 22, 2023 Thomas J. Ruhan and Thomas A. Rockwell, Trustees of the .lames F. Ruhan 2012 Irrevocable Trust PROPERTY: 168 South Street, South Yarmouth, MA Map 34, Parcel 297 Zoning District: RS-40 Title: Book 26927, Page 121 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard Martin, Jay Fraprie, and John Mantoni Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Cape Cod Times, the hearing opened and field on the date stated above. The Petitioner is seeking a Special Permit pursuant to section 202.5, Footnote 5, of the Yarmouth Zoning Bylaw to remove the existing, detached one -car garage and construct a detached two -car garage, for a total of 6 garage bays on site. The Property is located in the RS-40 Zoning District and is improved with a l %2 story, 5- bedroom home, with an attached 2-car garage, a detached accessory garage for 2 cars, and a detached accessory- garage for one car. The home was built in approximately 1973, but it replaced another structure on the site. Zoning Decision 520, attached to the application, references the existence of a 2-story home on the lot in at least 1960. The 2-car garage was on the property prior to the house being built in 1973. It was moved from a property on River Street in the 1960s. The one -car garage dates back with the old house that was torn down. The property contains approximately 1.08 acres, with approximately 120 feet of frontage on South Street, 132 feet along the Bass River, and is approximately 375 feet deep. The existing home complies with the front and rear setback, as well as the right side setback. It encroaches into the left side setback by 1 foot. The wo-car garage is only 4.8 feet from the left side setback, but has been there for approximately 60 years. The one -car garage meets all setbacks. Lot coverage is 9.6%. TRUE COPY ATTEST: JUL 17 2023 Bk 35903 Pg138 #29201 The proposal is to raze the one car garage and replace it with a new garage measuring 40 feet by 28 feet, which will primarily house Mr. Ruhan's boat, The new garage will increase the number of garage bays from 5 to 6. The new addition will meet all the current setback requirements for the zoning district, and will provide additional storage. The lot coverage will be increased to 1 1.5%, well below the 25% maximum. No abutters appeared either in support. or i,i opposition to the project. The Board was concerned about allowing a sixth garage bay to this property, and the precedent that it may create. However, Board Members voiced their cognizance of the fact that this was a large lot, with 5 pre-existing garage bays on the site, and the ample vegetative screening of the new structure froth South Street. These unique factors are circumstances affecting only this lot, and that the driveway to enter the new garage will be pointed toward South Street, with any headlights shining into the garage and not toward anyone's home. As such, it was the opinion of the Board that, in this case, a Special Permit was warranted. The. Board was in unanimous agreement that the use of the additional garage bays would not be substantially more detrimental to the neighborhood, zoning district, or Town, than the existing non -conforming structure, and that the applicant has demonstrated that no undue nuisance, hazard or congestion will be created and that there will be no substantial Kann to the established or future character of the neighborhood or town. Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Martin, to grant the Special Pennit, as requested, with the following condition: The space above the new garage bays will be used for storage and not for living space, The members voted unanimously in favor of the motion as follows: Steven DeYoung: Aye; Sean Igoe: Aye; Dick Martin: Aye; Jay Fraprie: Aye; John Mantoni: Aye No permit shall issue until 20 days from the fling of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk, Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL c40A §9) <Z7 Steven DeYoung, Chairman CERTIFICATION OF TOWN CLERK 1, Mary A. Maslowski, Town Clerk, Town of Yartnouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #5029 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. Mary AYNIaslowski 7 2023 JUL A TRUE COPY ATTEST I LtJ�uJ ,����%�.::F:•ii JUL ` 3 Bk 35903 Pg139 #29201 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition ##: 5029 Date. July 14, 2023 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Pennit has been granted to: Thomas J. Ruhan and Thomas A. Rockwell, Trustees of the James F. Ruhan 2012 Irrevocable Trust Affecting the rights of the owner with respect to land or buildings at: 168 South Street, South Yarmouth, MA; Map 34, Parcel 297; Zoning District: RS-40; Title: Book 26927, Page 121 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 1 I (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Cleric that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Steven DeYoung, Chainran A TRUE copy ATTEST' . Gi'11:: ItIrN2Gi.r:+� JBARNSTAB OX REGISTRY023 OF DEEDS Twor..7lrwn r. RF.rnRRF.n F.T.Frmvnhl7rAf.ry